Federal prosecutors said on Thursday won't pursue the 3rd trial against Border Patrol agent Lonnie Swartz, for the 2012 shooting and killing of a Mexican teen by firing through the border fence in Nogales.

Swartz escaped charges of second-degree murder in his second court trial on April, when a jury found him not guilty of second-degree murder but could not agree on a voluntary manslaughter charge.

On 10 October 2012, at the Mexico–United States border near Nogales, Arizona, U.S. Border Patrol agent Lonnie Swartz fired 16 shots at José Antonio Elena Rodríguez, killing him, on the grounds that young men threw rocks at him and other law enforcement agents.

After the incident, the law enforcement agencies stated the Mexican civilians were trying to stop them from confiscating a shipment of contraband drugs as well as moving immigrants across the border.

Rodriguez was hit 10 times by the patrol officer's shots.

Sean Chapman his attorney, said: "Agent Swartz is relieved and looking forward to moving on with his life without the threat of criminal prosecution hanging over his head."

On 23 April 2018, Swartz was acquitted of the charge for second-degree murder; the jury was deadlocked on lesser charges.

the move was met by angry protests from activists who marched through downtown and shut down a busy intersection.